SHADAKSHARI versus STATE OF KARNATAKA & ANR.

SHADAKSHARI versus STATE OF KARNATAKA & ANR.

Section 197 Cr.P.C. affords protection only where the alleged offence was committed while acting in the discharge of official duty; whether respondent No.2 fabricated official documents by misusing his position is a matter for trial and not a ground to quash the complaint and chargesheet in entirety; consequently...

Source-derived case information.

Parties
Appellant: Shadakshari; Respondent: State of Karnataka; Respondent: Mallikarjuna
Jurisdiction
India
Judgment Date
17 January 2024
Procedural Posture
Criminal Appeal No.256 of 2024 / Appeal to the Supreme Court Against High Court Order Quashing Complaint Dated 19.12.2016 and Chargesheet (judgment)
Outcome
Appeal allowed; order of the High Court dated 25.11.2020 set aside
Legal Topics
Sanction Under Section 197 Cr.p.c., Public Servant, Fabrication of Records, Quashing of Fir/chargesheet, Section 482 Cr.p.c.
Criminal Procedure Criminal Law Sanction Under Section 197 Cr.p.c. Public Servant Fabrication of Records Quashing of Fir/chargesheet Section 482 Cr.p.c.

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Parties

Shadakshari

Appellant

State of Karnataka

Respondent

Mallikarjuna

Respondent

Procedural Posture

Criminal Appeal No.256 of 2024 / Appeal to the Supreme Court Against High Court Order Quashing Complaint Dated 19.12.2016 and Chargesheet (judgment)

Legal Issues

  1. 1 Whether sanction under Section 197 Cr.P.C. was required to prosecute respondent No.2 (a Village Accountant) accused of creating fake documents
  2. 2 Whether fabrication of documents by a public servant is an act done in the discharge of official duty attracting protection of Section 197 Cr.P.C.
  3. 3 Whether the High Court was justified in quashing the complaint and the chargesheet in entirety when sanction was declined

Ratio Decidendi

Section 197 Cr.P.C. affords protection only where the alleged offence was committed while acting in the discharge of official duty; whether respondent No.2 fabricated official documents by misusing his position is a matter for trial and not a ground to quash the complaint and chargesheet in entirety; consequently the High Court order quashing the complaint and chargesheet was set aside and the appeal allowed.

Court Disposition

Appeal allowed; order of the High Court dated 25.11.2020 set aside

Orders

  • Order dated 25.11.2020 of the High Court in Criminal Petition No.4998/2020 set aside
  • Appeal allowed